HomeMy WebLinkAbout7.b. Maple Street Vacation (Case 08-08-FP) 4 ROSEMOUNT
EXECUTIVE
CITY COUNCIL
City Council Regular Meeting: August 19, 2008
AGENDA ITEM: Maple Street Vacation (Case 08- 08 -FP) AGENDA SECTION:
Public Hearing
PREPARED BY: Eric Zweber; Senior Planner AGENDA NO.
ATTACHMENTS: Vacation Resolution, Auditor's
Subdivision No. 1, Town Centre APPROVED BY
Preliminary Plat
RECOMMENDED ACTION: Motion to continue the public hearing until September 2,
2008.
ISSUE
On March 18, 2008, the City Council approved the development plans for the construction of a three
story mixed use building for Stonebridge Development & Acquisition, LLC on Core Block East. These
plans included a final plat that included the northern 33 feet of the former Maple Street. The Dakota
County Recorder's Office will not record the Town Centre plat because there is no record that the
northern 33 feet of Maple Street was ever officially vacated.
Maple Street was platted as a part of the original Downtown Rosemount plat on April 11, 2006 called
Auditor's Subdivision No. 1. Sometime between the construction of the original plat in 1906 and the
incorporation of the City of Rosemount in 1971, Lower 147` Street West was constructed using the
southern 33 feet of the Maple Street right -of -way and 30 feet of right -of -way granted by prescriptive
easement on the north side of the Fluegel's property. No record can be found that the unused northern
33 feet of Maple Street was ever vacated, which creates that need for the City to now officially vacate the
northern 33 feet of Maple Street that is located adjacent to Lot 14, Block 3 of Auditor's Subdivision No. 1
so that Stonebridge may record the Town Centre plat.
The City has no use for the northern 33 feet of Maple Street for public right -of -way. The Town Centre
Final Plat will provide a 10 feet wide drainage and utility easement on the north side of Lower 147` Street
West that may be used for small utilities or other infrastructure.
Formal action to vacate Maple Street can not occur tonight due to the statutory requirement for right -of-
way vacations needing a published notice 14 days before the formal action. The public notice was
published in the newspaper on Friday, August 8, which only provided 11 days of notice.
RECOMMENDATION
Staff is recommending opening the public hearing and taking public comment, but then continuing the
public hearing to September 2, 2008 on which formal action can be taken.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2008 -
A RESOLUTION APPROVING THE VACATION OF THE
NORTH 33 FEET OF MAPLE STREET ADJOINING
LOT 14, BLOCK 3 OF AUDITOR'S SUBDIVISION NO. 1
WHEREAS, the City of Rosemount received a request for Preliminary Plat and Final Plat
approval from 146th Street Partners, LLC concerning property legally described as:
Lots 4 -14, Block 3, ROSEMOUNT, and the north 33 feet of Maple Street adjoining said
Lot 14; Lots 4 — 7, Block 4, ROSEMOUNT, and the west half of Vacated Hayes Avenue
adjoining said Lots.
WHEREAS, on February 26, 2008, the Planning Commission of the City of Rosemount held a
public hearing and reviewed the Preliminary Plat and Final Plat for Town Centre; and
WHEREAS, on February 26, 2008, the Planning Commission recommended approval of the
Preliminary Plat and Final Plat; and
WHEREAS, on March 18, 2008, the City Council of the City of Rosemount approved of the
Preliminary Plat and Final Plat; and
WHEREAS, the north 33 feet of Maple Street as shown on Auditor's Subdivision No. 1 has no
use to the City of Rosemount as public right -of -way; and
WHEREAS, on August 19 and September 2, 2008, the City Council held a public hearing and
reviewed the vacation request.
NOW, THEREFORE, BE IT RESOLVED, the Council of the City of Rosemount hereby
approves the vacation of a portion of Maple Street legally described as:
The north 33 feet of Maple Street adjoining Lot 14, Block 3 of Auditor's Subdivision No.
1.
ADOPTED this 2nd day of September, 2008, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Amy Domeier, City Clerk
RESOLUTION 2008 -
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
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